The petitioner's asylum status has been already approved, and also has filed I-485 (adjustment of status for permanent residence) 4 months ago. Petitioner's spouse and children are in their native country. Petitioner has filed I-730 (children and spouse derivative status)
Petitioner's I-730 has been outside normal processing time for past 8 or 9 months. Petitioner called Customer Service and put service request to inquire about the petition twice in past 6 or 7 months. Texas Center responded each time stating that the case had been under review, and would take minimum of 90 days to process the applications. It was advised to contact Customer Service if petitioner would not hear within 90 days. The third time petitioner called the Customer Service and the staff who answered the phone showed an option to go with Expedited Processing.
This is what was Texas Center's email response.
>Type of service requested:
> -- Expedite
>
>
> The status of this service request is:
>
> Your case is on hold because you appear to be inadmissible under section 212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security's discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case.
>
>
> If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I researched the 212 (a)(3)(B)of the INA act which has to do with terrorist activities. The petitioner was never engaged, nor will engage in such activities. I am not sure why the petitioner is now under "inadmissible" category. How does the petitioner go about addressing this issue or solving the problem? Does the petitioner have to contact Secretary of Homeland Security? Or is this something routine exercise of the department?
Any advice will be appreciated.
Petitioner's I-730 has been outside normal processing time for past 8 or 9 months. Petitioner called Customer Service and put service request to inquire about the petition twice in past 6 or 7 months. Texas Center responded each time stating that the case had been under review, and would take minimum of 90 days to process the applications. It was advised to contact Customer Service if petitioner would not hear within 90 days. The third time petitioner called the Customer Service and the staff who answered the phone showed an option to go with Expedited Processing.
This is what was Texas Center's email response.
>Type of service requested:
> -- Expedite
>
>
> The status of this service request is:
>
> Your case is on hold because you appear to be inadmissible under section 212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security's discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case.
>
>
> If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I researched the 212 (a)(3)(B)of the INA act which has to do with terrorist activities. The petitioner was never engaged, nor will engage in such activities. I am not sure why the petitioner is now under "inadmissible" category. How does the petitioner go about addressing this issue or solving the problem? Does the petitioner have to contact Secretary of Homeland Security? Or is this something routine exercise of the department?
Any advice will be appreciated.